Madras High CourtCRL OP/10261/2019allowed

Vijaybabu v. The State Rep By

2019-04-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10261 of 2019 1.Vijaybabu 2.Ganesh ... Petitioners Vs The State rep. by its The Inspector of Police, Perugavazhanthan Police Station, Perugavazhanthan, Thiruvarur District.

(Cr.No.46 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC & ST Act, Tanjore, to consider the petitioners bail application the date of surrender before the Court in connection with Crime No.46 of 2019 on the file of respondent police.

For Petitioners : Mr.R.Narendran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Judge for SC & ST Act, Tanjore, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.46 of 2019, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Judge for SC & ST Act, Tanjore to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 46 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the https://hcservices.ecourts.gov.in/hcservices/

victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rri To

1. The Special Judge for SC & ST Act, Tanjore.

2. The Inspector of Police, Perugavazhanthan Police Station, Perugavazhanthan, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras. +1 cc to Mr.R.Narendran, Advocate, S.R.No.37297 CRL.O.P.No.10261 of 2019 SPD(CO) SSM(16/04/2019).

https://hcservices.ecourts.gov.in/hcservices/